Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 20 -- Regular Second Appeal - Impleading of a party - Third parties can be impleaded as proper parties to a R.S.A. even when they were not parties to the suit or to the appeal therefrom - O.1.R.10(2) CPC enables Court to implead necessary and proper parties at any stage of the suit in..........
Civil Procedure Code, 1908, Section 16, 20, Order 7, Rule 11 -- Rejection of plaint - Plea of jurisdiction - Clause in invoice that Courts in Delhi would have jurisdiction - Objection to clause of jurisdiction in invoice not raised at any time before filing of the suit - Held, it cannot be said at this stage that parties did not confer jurisdiction by their agreement on..........
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 11 -- Rejection of plaint - Jurisdiction - Agreement to supply goods made at Delhi - Goods supplied from plaintiff's godown situated at Delhi - Defendant accepted the terms and conditions printed on the bills/invoices that Court at Delhi shall have jurisdiction - Held, by virtue of S.20(c) CPC Court at Delhi has..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 3, Article 123 - - Ex parte decree - Setting aside of - Limitation - Held, period of limitation for filing application U.O.9.R.13 CPC is to be reckoned from the date of knowledge of passing of ex-parte decree - Court has no jurisdiction to entertain such application after expiry of period of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Grant of by exercising inherent powers - Held, Court has inherent jurisdiction to pass an order u/s.151 CPC and grant injunction in cases which are not fully covered within four corners of O.39.Rr.1 & 2 CPC - Inherent power of Court can be exercised for meeting ends of justice or to..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Broad principles governing are : (1) Court can, at any stage of the proceedings, either on an application made by the parties or otherwise, direct impleadment of any person as party, who ought to have been joined as plaintiff or defendant or whose presence before the Court is necessary for..........
Civil Procedure Code, 1908, Section 148, Capital of Punjab (Development and Regulation) Act, 1952, Section 10(4) -- Allotment of commercial site - Extension of time to deposit amount - Power of statutory authority under 1952 Act - Held, civil Court has power to extend or enlarge time in terms of S.148 CPC - But in absence of such analogous power on statutory authority..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of L.R's. - Enquiry - Jurisdiction of trial court - Trial court while conducting enquiry U.O.22.R.5 CPC held that petitioner had legally failed to prove the wills relied upon by him for the purpose of representing the estate of deceased - Held, trial court was not at all called upon to examine the validity of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Breach of agreement - Plaintiff/petitioner has miserably failed to make out necessary ingredients of prima facie case, balance of convenience and irreparable loss or injury for grant of temporary injunction - Held, Courts below have rightly declined temporary injunction to plaintiff - Impugned orders..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 19(iiia), 13(1)(ia) -- Jurisdiction of Family Court - Petition for dissolution of marriage filed before Family Court at Mumbai - Marriage between parties was solemnized at Jammu - Maintainability - Held, there is nothing in the Central Act to even remotely suggest that marriage between Hindu..........
